Maureen Mary Young v Road & Maritime Services [2019] NSWCA 255

Maureen Mary Young v Road & Maritime Services [2019] NSWCA 255

Because Ms Young had the benefit of a pro bono referral in or about November 2016, within the immediately preceding three-year period, and the Court was not satisfied that special reasons justified a further referral, the pro bono referral was refused; consequently there was no warrant to vacate the hearing date or extend the stay. The unopposed amendment to add the 30 September 2019 orders was allowed.

Jurisdiction
Australia
Judgment Date
14 October 2019
Procedural Posture
Civil Procedure Application in Application for Leave to Appeal / Notice of Motion Seeking Pro Bono Referral, Amendment of Summons, Vacation of Hearing Date and Extension of Stay
Outcome
Leave to amend the Summons granted; supplementary white book direction made; Notice of Motion otherwise dismissed with costs.
Legal Topics
['pro Bono Assistance' 'application for Leave to Appeal' 'amendment of Summons' 'stay of Execution' 'costs']
['civil Procedure' 'appeals'] ['pro Bono Assistance' 'application for Leave to Appeal' 'amendment of Summons' 'stay of Execution' 'costs']

Case Brief

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Procedural Posture

Civil Procedure Application in Application for Leave to Appeal / Notice of Motion Seeking Pro Bono Referral, Amendment of Summons, Vacation of Hearing Date and Extension of Stay

Legal Issues

  1. 1 ['Whether the applicant should be referred for legal assistance under the pro bono scheme despite having obtained assistance under a previous referral during the immediately preceding period of three years.' 'Whether the applicant should have leave to amend the Summons to add an Application for Leave to Appeal from orders made on 30 September 2019.' 'Whether the hearing date should be vacated and the existing stay extended.']

Ratio Decidendi

Because Ms Young had the benefit of a pro bono referral in or about November 2016, within the immediately preceding three-year period, and the Court was not satisfied that special reasons justified a further referral, the pro bono referral was refused; consequently there was no warrant to vacate the hearing date or extend the stay. The unopposed amendment to add the 30 September 2019 orders was allowed.

Court Disposition

Leave to amend the Summons granted; supplementary white book direction made; Notice of Motion otherwise dismissed with costs.

Orders

  • ['Leave be granted to the applicant to amend the Summons to add an Application for Leave to Appeal from the orders made on 30 September 2019.' 'Any additional documents proposed to be relied on in connection with the Application for Leave to Appeal be included by the applicant in a supplementary white book to be...